. 


Wmm 

\ iJ* 


CIRCULAR, 


AND 

ACT  OF  INCORPORATION 


THE  ONTARIO  AND  LIVINGSTON  MUTUAL 
INSURANCE  COMPANY. 


IRE  LIBRARY  OF  THE 

MAY  1*  1933 

UNIVkBSlIY  WF  ItUNOIS. 

ROCHESTER: 

F.RASTUS  SHEPARD,  PRINTER. 


1 8 4 3. 


OLIVER  PHELPS, 
SOLOMON  C.  FITCH, 
HILAND  B.  HALL, 
ENOCH  A.  HALL,  . 


President. 

Vice  President. 
Treasurer. 

. Secretary. 


Oliver  Phelps,  Canandaigua. 
Timothy  Buell,  Jr.,  E.  Bloomfield. 
Lodowick  C.  Fitch,  W.  Bloomfield. 


Reynold  Peck,  do. 

Charles  Webb,  do. 

Stephen  Hendee,  do. 

Jasper  Peck,  do. 


Alexander  Martin,  Lima. 
Samuel  Spencer,  “ 
Constant  Cook,  Bath. 
Leander  Reddy,  Penn  Yan. 
Josiah  Wendell,  Dansville. 
Z.  Barton  Stout,  Richmond. 


3U.I 


CIRCULAR. 


ir  To  Agent  and 

Surveyor  of  the  Ontario  and  Livingston  Mutual  In- 
surance Company. 

„ Sir, 

The  Directors  believe  that  too  much  has  often  been  insured 
/*  - on  buildings.  Too  much  caution  cannot  be  used  in  ascertaining 
the  value  of  property  insured,  particularly  of  buildings  that  have 
been  long  built. 

The  sum  insured  should  be  considerably  less  than  the  cash  value 
of  the  property  insured : thus  leaving  in  the  insured  a powerful 
""^motive  to  guard  it  from  destruction. 

The  Directors  have  determined  not  to  insure,  on  any  property, 
«more  than  two-thirds  of  its  present  cash  value  ; and  on  hazardous 
personal  property,  such  as  machinery,  and  articles  subject  to  rapid 
decrease  in  value  by  use  or  decay,  not  over  one  half  of  the  cash 
. value  is  to  be  insured. 

You  will  use  the  utmost  vigilance  in  guarding  against  any  mis- 
representation of  the  applicant,  in  relation  to  the  value  of  the  prop- 
erty he  wishes  insured.  In  estimating  the  value  of  buildings,  the 
expense  of  cellars  ought  not  to  be  taken  into  consideration.  In  no 
case  must  any  one  risk  exceed  $6,000.  And  we  wish  not  to  take 
^ separate  risks  on  buildings  and  their  contents,  when  situated  in  vil- 
lages, so  contiguous  to  each  other,  that  at  any  one  fire,  in  all  corn- 
er mon  probability,  the  Company  would  suffer  a loss  of  over  $6,000, 

The  survey , or  description  of  the  property  to  be  insured,  is  of 
the  first  importance.  In  all  cases,  the  applicant  should  sign  the 
description  of  the  property  to  be  insured,  and  the  application,  as  it 
•ty  forms  an  important  part  of  the  contract  of  insurance  ; for  which 


*0 


834952 


4 


purpose  the  necessary  blank  forms,  and  this  circular  of  instruc- 
tions, will  be  furnished. 

The  description  should  be  full,  accurate , and  explicit , and 
should  be  in  the  language  of  the  applicant,  specifying,  in  the  case 
of  a building,  the  materials  of  which  it  is  composed,  the  length  of 
time  it  has  been  built,  and  the  uses  for  which  occupied ; particular 
reference  should  be  had  to  its  exposure  to  fire  from  internal  con- 
struction ; the  manner  of  warming  it — if  by  stoves,  whether  there 
be  hearths  to  them,  and  the  pipes  close  ; whether  they  pass  a par- 
tition, or  the  sides  of  the  building,  and  the  securities  provided  in 
such  places ; the  vicinity  of  the  building  to  other  buildings  ; the 
materials  of  which  they  are  built ; size,  and  manner  of  occupancy  ; 
and  any  and  every  thing  important  to  its  internal  or  external  ex- 
posure. Also,  any  peculiar  securities  against  fire,  and  facilities  for 
extinguishing  it — such  as  engines,  water,  and  scuttle  for  ready  ac- 
cess to  the  roof  of  the  building.  The  relative  situation  as  to  other 
buildings  requires  your  particular  attention  ; their  exact  distance, 
when  near  enough  to  expose  those  insured,  should,  in  no  case , be 
dispensed  with. 

As  the  Policy  will  usually  contain  only  a general  description  of 
the  property  insured,  and  refer  to  the  application  and  survey  for  a 
more  particular  description,  the  accuracy  of  the  description  therein 
will  prevent  misunderstanding,  and  protect  both  the  insured  and 
the  Company  against  fraud. 

When  other  buildings  are  contiguous  to-the  ones  to  be  insured,  a 
plan  of  the  buildings,  with  their  relative  situation  and  distances, 
should  be  given  on  the  back  of  the  application. 

Separate  valuations  of  each  building,  and  kind  or  species  of 
property  to  be  insured,  should  be  made ; and  in  all  cases,  the 
amount  to  be  insured  on  each  should  be  mentioned  in  the  applica- 
tion, as  specified  in  the  form  in  this  circular ; for  instance,  the 
amount  on  goods,  and  on  produce  and  grain,  in  separate  valuations 
— say  $2,000  on  goods,  and  $300  on  grain  and  produce. 

In  case  a house  is  connected  to  a barn  by  a long  shed,  or  sheds, 
whereby  they  are  much  exposed  to  be  burned  by  each  other,  sepa- 
rate valuations  should  be  made,  as  one  may  burn  and  the  other  may 
be  saved. 

As  to  the  regulation  of  premiums , or  rates , no  schedule  can  be 


5 


given,  which  will  dispense  with  the  exercise  of  a sound  discretion 
on  your  part.  The  classes  of  hazards  furnished  you  contain  the 
rates  of  premium  on  several  kinds  of  property  and  trades,  subject 
to  the  ordinary  risks  and  exposures.  But  these  are  to  be  varied, 
according  to  the  increase  of  the  risk  attending  the  property  in- 
sured ; and  the  risk  may  be  so  unusually  great,  as^  to  prevent  an  in- 
surance at  all. 

The  rates  herewith  are  estimated  without  regard  to  collateral  or 
external  danger : for  example — a dwelling-house  of  brick,  covered 
with  slate  or  metal,  standing  entirely  alone,  is  rated  at  5 per  cent., 
and  barns  at  6 per  cent.  But  if  the  house  and  barn  are  so  near  as 
to  expose  each  other,  they  are  both  to  be  rated  at  8 per  cent. 
Stores  standing  alone,  without  any  other  occupation,  are  rated  at 
8 per  cent.  ; and  if  other  trades  are  carried  on  within,  such  as 
tailors,  shoemakers,  or  a lawyer’s  office,  it  should  be  9,  10,  or  12 
per  cent.,  as  the  risk  is  increased. 

It  is  impossible  to  establish  any  exact  rules  for  increase  of  risk 
by  exposure  from  other  buildings.  Much  must  depend,  after  all 
the  directions  that  can  be  given,  upon  your  own  judgment,  as  to  the 
increase  of  premiums.  Great  care  and  caution  are  necessary.  In 
villages,  nearness  to  a great  supply  of  water,  and  an  engine  or  en- 
gines, and  other  apparatus,  with  an  organized  company  for  the  ex- 
tinguishment of  fires,  should  be  taken  into  consideration,  in  calcu- 
lating the  exposure  from  other  buildings ; also,  in  all  cases,  the 
prevailing  course  of  winds. 

If  buildings  are  warmed  by  stoves,  whether  open  or  close,  they 
ought  to  have  a hearth  of  iron,  lead,  or  brick,  under  them,  suf- 
ficiently large  to  protect  the  floor  from  falling  coals  and  embers. 
The  pipes  should  be  uniformly  well  fitted  and  riveted  together, 
made  close  where  they  enter  the  chimney,  and  firmly  braced  up. 
If  the  pipe  pass  a partition,  it  should  be  protected  so  as  to  keep  it 
from  all  danger  of  burning  the  wood  work  ; and  there  should  not 
be  suffered,  when  the  pipe  passes  into  a chimney,  to  be  a fire-board 
in  the  fire-place  underneath,  unless  lined  with  sheet  iron  or  lead. 

When  the  pipe  goes  out  of  the  side  of  a building,  it  should  be 
protected  as  when  passing  a partition,  and  extend  three  feet  from 
the  building,  and  should  not  have  combustible  materials  under  it, 
1* 


6 


adjoining  the  building.  Stoves  should  be  raised  from  all  commu- 
nication directly  with  the  floor. 

In  cases  of  alterations  of  buildings,  a statement  must  be  signed 
by  the  insured,  of  the  several  alterations  made,  and  forwarded 
agreeably  to  the  spirit  of  the  by-law  on  that  subject. 

In  case  of  assignments  and  transfers,  you  will  tax  the  applicant 
fifty  cents,  which  you  will  forward  to  the  Secretary  ; and  in  cases  of 
alterations,  where  there  is  an  increase  of  hazard,  an  additional  note 
must  be  given,  5 per  cent,  paid,  and  you  will  also  tax  50  cents.  In 
these  cases,  they  are  all  for  the  benefit  of  the  applicant,  and  he 
must  pay  ^ou  for  your  agency  extra. 

In  cases  of  incumbrance  by  mortgage,  or  where  personal  prop- 
erty only  is  insured,  you  are  in  all  cases  to  procure  additional  secu- 
rity, and  that  which  is  good.  When  buildings  are  encumbered  to 
a large  amount,  insurance  should  not  be  taken  in  the  name  of  the 
mortgagor,  unless  the  mortgagee  sign  the  premium  note,  or  give 
his  assent  thereto  in  writing.  And  where  the  mortgagor  and  mort- 
gageehave  nearly  an  equal  interest,  both  may  join  in  an  insurance 
thereon.  And  in  case  the  mortgagee  has  much  the  greatest  inte- 
rest, he  may  have  an  insurance  in  his  own  name.  And  in  all  cases 
of  mortgage,  the  whole  amount  of  incumbrance  should  be  particu- 
larly stated,  and  to  whom  mortgaged.  In  case  of  property  insured 
where  the  owner  lives  out  of  the  state,  security  within  the  state  is 
required  to  the  note. 

The  agents  and  surveyors  are  instructed  to  examine  all  property 
on  which  they  receive  applications  for  insurance  ; and  to  close 
their  accounts  with  this  office  by  payment  quarterly.  It  is  intended 
that  the  insured  shall  risk  one-third  in  value  of  the  property  in- 
sured, in  all  cases. 

When  buildings  are  encumbered  by  mortgage,  no  more  than  two- 
thirds  of  the  applicant’s  interest  should  be  taken. 

Agents  should  be  very  particular  in  stating  the  age  of  buildings, 
their  state  of  repair,  and  whether  finished  in  an  ordinary  or  supe- 
rior manner. 

Agents  should  instruct  the  applicant,  that  the  language  in  the 
application  is  deemed  his  own,  and  that  he  is  bound  to  the  truth  of 
whatever  he  puts  his  name,  as  mentioned  in  the  application ; and 
that,  for  the  purposes  of  the  application,  they  are  to  be  considered 


7 


his  agents,  and  not  the  agents  of  the  Company,  When  the  agent 
wishes  to  express  his  opinion,  he  can  do  it  on  the  margin  or  back 
of  the  application.  If  no  person  sleeps  in  the  store,  the  Directors 
will  increase  the  rate  of  per  cent.,  or  not  insure  at  all,  as  they  may 
deem  proper,  upon  examination  of  the  application. 

The  Directors  will  be  pleased,  at  all  times,  to  receive  from  you 
any  information  which  may  be  important  or  useful,  in  the  opera-* 
tions  or  regulations  of  this  Company.  It  is  requested  that  the  ad- 
vertisements furnished  you  should  be  posted  up  in  public  places,  in 
your  vicinity. 

The  agent  and  surveyor  receives  for  his  services,  on  each  appli- 
cation, one  dollar,  to  be  paid  by  the  applicant. 

The  Directors  will  also  allow  a fair  compensation  for  services, 
in  cases  of  losses,  when  requested  to  examine  the  same. 

The  rates  of  premium  you  will  find  in  the  by-laws  hereto  at- 
tached. Those  rates  may  be  increased  two , three  or  jive  per  cent, 
or  more,  as  you  believe  the  risk  to  be  increased  above  one  of  the 
safest  kind,  by  any  exposure  whatsoever. 

If  any  other  species  of  property  is  insured  than  what  comes 
within  the  rates  fixed  in  the  by-laws,  commonly  denominated  extra 
hazardous , it  must  be  by  special  rates,  to  be  fixed  by  the  Directors 
on  application  therefor.  Carding  machines,  and  pickers,  and  arti- 
cles of  machinery  to  be  insured,  should  be  enumerated  ; and  sepa- 
rate valuations,  as  far  as  is  practicable.  Also,  a list,  or  general  de- 
scription of  tools  in  shops,  that  the  Directors  may  know  what  they 
insure. 

The  Policy  will  be  issued  from  the  Secretary’s  office,  and  will,  in 
all  cases,  unless  otherwise  directed  by  the  applicant,  be  dated  on 
the  day  the  application  is  made  and  duly  approved,  and  take  effect 
at  twelve  o’clock  at  noon  of  the  same  day,  although  the  Policy  may 
not  be  received  by  the  insured  for  some  time  thereafter,  as  pro- 
vided by  one  of  the  annexed  by-laws.  You  need  not  number  the 
application  or  note. 

We  wish  to  have  a uniformity  in  filling  up  applications,  and 
hereby  give  you  an  example  of  one  filled  up,  as  a guide,  which  may 
be  varied  according  to  the  nature,  situation,  and  description  of  the 
property  insured  : 


8 


No.  APPLICATION  of  in 

the  county  of  for  Insurance  against  Fire  by 

the  Ontario  and  Livingston  Mutual  Insurance  Com- 
pany, for  the  sum  of  Dollars  : to  wit,  on 


=3 

® A ° 

o 

Q 

O 

G 

^i!“- 

Dwelling-house  and  Shed 
attached, 

Estimated  value  in  cash,  ex- 
clusive of  land, 

S'S  a 

1 U 

Household  Furniture, 

Estimated  value, 

> a-3  s 

Provisions  and  Produce 

Estimated  average  value, 

- - 2 50  ©P5 
m a, 

therein, 

2 TS  s — 9* 

Barn  and  Shed  adjoining, 

Estimated  value,  exclusive 

na  © 'tj  © a> 

of  land, 

a n -a  ^ 35 

£ c,H  a 

Produce  therein, 

Estimated  average  value,  in 

cs  es  © £ s _ 

g jc  ^ a 3 .2 

Store, 

winter, 

Estimated  eash  value,  exclu- 

••S <D  S5*  2 a 

2^2  | g 

sive  of  land, 

© © ~ 's  G "a 

Goods  therein, 

Estimated  average  value, 

,3  « © 

-gBBSa 

Taverns  and  Boarding- 

Estimated cash  value, exclu- 

'o it  ’toe  **  8 

houses, 

sive  of  land. 

« i a &s 3 

Amount, 

Rate  at  per  cent.  5, 

, 6,  8,  12,  15,  20,  25,  30,  40. 

” a n a 3 2 

t-  -h  a " a s 

■£  -s  © 2 a 

o a © o © 

ir  • .z  -a  •-<  bo 

Amount  of  Premium  note,  ! 
5 per  cent,  to  be  paid, 


Where  situated. 


Situated  in  the  town  of 


_ U <U  C o © 

2 3 a 

2 22  o © p*** 

■5 .8*3  © &S 

» « 5)  C3  5) 
5?  jd  a M Stts 

2 _ ~ ~ .a  es 

S ==  o £-8  2 

■E  ^ s ©“  a tj 


£ to* 

^ s § 

H cl,  m <a  © 
W-S  a 


Of  what  materials,  ) The  house  is  built  of  wood.- 
Whether  new  or  old.  £ The  barn  and  shed  of  wood. 

The  house  is  one  story  high,  32  by  36  feet,  with 
wood-shed  adjoining,  13  by  36  feet. 

Size  of  buildings,  number  of  \ The  house  contains  two  chimnies, 
chnnmes,  fire-places,  and  f c „ , , , . , 

stoves,  and  for  what  occu-  >four  hre-places,  and  one  stove,  which 
pied.  )has  a brick  hearth  under  it.  The  pipe 

enters  the  chimney  in  the  kitchen,  15  inches  from  any  wood  work, 
and  well  secured.  The  house  is  occupied  as  a dwelling-house. 

Relative  situation  as  to  the  other  build-  j The  barn  ;s  four  rods  and 
inffs,  distance  from  each,  rr  less  than  r r c , . _ 

ten  rods,  and  for  what  purpose  occu-  /one  i°°t  L’om  the  east  end  oi 
pied,  and  by  whom.  ) the  wood-shed.  It  is  30  by 

40  feet,  with  a shed  extending  east  40  by  16  feet. 

The  house  is  bounded  west  24  feet  by  F.  G.’s  wheelwright  shop, 
built  of  wood,  one  story  high,  18  by  24  feet ; north,  by  the  road  ; 
east,  16  feet,  by  H.  I.’s  two-story  dwelling-house,  built  of  brick, 
which  house  is  connected  south  by  a shed,  18  by  40  feet,  to  a barn, 
28  by  34  feet,  of  wood  ; south,  by  space ; and  no  other  buildings 


9 


within  10  rods  of  the  house.  The  house  and  barn  occupied  by  the 
applicant  as  a dwelling. 

Whether  encumbered — by  what  amount,  and  to  ) All  free  from  incum 
whom  : and  state  the  whole  amount  and  value  ( brance 
of  property — if  not  encumbered,  say  so.  ' 

By-Law. — Every  person  wishing  to  become  a member  of  this 
Company,  shall,  previous  to  being  insured,  deposit  his  application 
and  premium  note  with  the  Secretary  of  said  Company,  and,  if 
duly  approved,  the  Policy  shall  bear  date  on  the  day  the  application 
wa3  made,  and  take  effect  at  noon,  unless  directed  by  the  applicant 
to  be  dated  on  a future  day.  (Signed)  A.  B. 

J.  P. 


FOR  value  received  in  POLICY  No.  dated  the  day  of 
18  issued  by  the  Ontario  and  Livingston  Mutual  Insu- 
rance Company,  I promise  to  pay  the  said  Company,  or  their  Trea- 
surer for  the  time  being,  the  sum  of  in  such  portions, 

and  at  such  time  or  times,  as  the  Directors  of  said  Company,  agree- 
ably to  their  act  of  incorporation,  require. 

FORM  OF  ASSIGNMENT  AND  TRANSFER. 

KNO  W all  men , by  these  presents , That  the  insured 

in  the  within  policy  named,  for  and  in  consideration  of 
to  paid  by  do  assign  and  transfer  unto  the 

said  heirs  and  assigns,  the  within  Policy  of 

Insurance,  and  all  sums  of  money,  interest,  benefit,  and  advantage 
whatsoever,  now  due,  or  which  may  hereafter  arise  by  virtue  here- 
of, to  have  and  to  hold  the  same  unto  the  said 
heirs  and  assigns  for  ever.  (Said  real  estate  mentioned  therein 
having  been  mortgaged  at  the  date  of  said  Policy  by  said  insured,  to 
said  ) or  (the  insured  having  alienated  and  sold  to  the 

said  all  his  right  and  title  in  said  real  estate 

mentioned  in  said  Policy)  (as  the  case  may  be.) 

In  witness  whereof,  the  said  hath  hereunto  set  hand 

and  seal , this  day  of  in  the  year 

IN  PRESENCE  OF 

The  assignment  being  made  on  the  back  of  the  Policy,  may  be 
sent  (or  a true  copy,  certified  by  the  Agent  and  Surveyor)  to  the 
Secretary,  to  be  recorded  or  minuted ; and  also  a new  note,  or 
written  promise  to  pay  residue  of  note,  should  in  every  case  be 
cent  with  it,  or  the  assignment  will  not  be  confirmed. 


10 


In  cases  where  the  property  was  mortgaged  to  the  assignee  at 
the  time  the  policy  was  issued,  and  the  mortgagee  then  signed  the 
note,  a new  note  need  not  be  sent. 

FORM  OF  SURRENDER. 

WITH  REQUEST  TO  CANCEL  POLICY  MADE  ON  THE  BACK 
THEREOF. 

To  the  Directors  of  the  Ontario  and  Livingston  Mutual  In- 
surance Company  : 

Gentlemen, — Having  alienated  and  sold  out  all  my  right,  title, 
and  interest  in  and  to  the  real  estate  (or  personal  property,  or  both, 
as  the  case  may  be)  insured  by  the  within  Policy,  to 

I hereby  surrender  the  same,  and  request  the  Policy 
may  be  canceled,  agreeably  to  the  Act  and  the  By-Laws  of  said 
Company.  Given  under  my  hand  this  day  of 

in  the  year  18 

[certificate.] 

1 hereby  certify,  that  A.  B.  has  sold  his  property  insured  in  this 
Policy,  as  by  him  above  stated. 


Agent  and  Surveyor. 

Where  Policy  is  mislaid,  or  not  conveniently  to  be  had,  or  a part 
only  is  to  be  canceled,  a writing  as  above  may  be  sent,  without  the 
Policy,  and  it  will  be  canceled. 

Where  you  send  a copy  of  an  assignment  or  statement  of  altera- 
tions, or  a request  to  cancel  a Policy,  in  whole  or  in  part,  be  careful 
always  to  send  the  number  of  the  Policy,  as  frequently  the  appli- 
cant has  more  than  one  Policy. 

We  trust  you  will  use  your  best  exertions  to  explain  the  princi- 
ples on  which  the  Company  is  formed,  and  to  advance  its  interests 
in  jour  town  and  vicinity. 

I am,  respectfully, 

Yours,  &c., 


Secretary , 


Office  of  the  Ontario  and  Livingston 
Mutual  Insurance  Company,  at 
West  Bloomfield. 

18 


BY-LAWS. 


Section  1.  The  officers  of  the  Company  shall  consist  of  a Pres- 
ident, Vice  President^  Secretary,  and  Treasurer,  who  shall  hold 
their  offices  for  one  year,  and  until  others  are  appointed. 

Sec.  2.  The  Board  of  Directors  shall  hereafter  be  elected  at  the 
Office  of  the  Secretary,  in  the  village  of  West  Bloomfield,  on  the 
first  Wednesday  of  May  in  each  year,  at  ten  o’clock  in  the  forenoon. 

Sec.  3.  It  shall  be  the  duty  of  the  President  to  preside  at  all 
meetings  of  the  Board  of  Directors,  sign  all  Policies  of  Insurance, 
and  exercise  a general  superintendence  over  the  affairs  of  the  Com- 
pany ; and  in  his  absence  the  Vice  President  shall  possess  the  same 
powers. 

Sec.  4.  The  Secretary  shall  keep  a record  of  the  proceedings  of 
the  Board  of  Directors  ; shall  preserve  the  premium  notes  and  ap- 
plications, shall  keep  a record  of  the  Policies  of  Insurance  ; shall 
enter  in  a general  index  the  name  and  residence  of  the  insured,  the 
date  of  each  Policy,  the  amount  of  insurance,  and  the  premium 
notes  and  the  per  cent,  paid  in ; shall  receive  the  five  per  cent. , and 
pay  out  of  the  same  the  incidental  expenses  of  the  Company ; 
shall  keep  a file,  duly  labeled,  of  all  alterations  and  surrenders  ; 
shall,  at  the  end  of  every  thirty  days,  pay  over  to  the  Treasurer  all 
balances  of  money  in  his  hands,  taking  the  Treasurer’s  receipt 
therefor  ; and  shall  give  a bond,  with  such  sureties  as  the  Directors 
shall  approve,  in  the  penal  sum  of  five  thousand  dollars,  con- 
ditioned for  the  faithful  discharge  of  his  duties  as  such  Secretary. 

He  shall,  when  any  loss  happens,  ascertain  the  amount  of  funds 
over  and  above  what  is  required  for  other  purposes,  and  report  the 
same  to  the  Directors. 

Sec.  5.  The  Treasurer  shall  keep  a book,  in  which  shall  be  en- 
tered the  date  and  number  of  each  Policy,  the  name  and  residence 
of  the  insured,  the  amount  of  insurance,  and  the  premium  notes, 
and  the  amount  of  each  assessment  made  and  collected  upon  the 
said  notes,  and  shall,  whenever  any  assessment  is  made,  collect 
upon  the  said  notes  the  amount  of  such  assessment ; shall  receive 
from  the  Secretary  all  balances,  and  give  his  receipt  for  the  same, 
and  as  often  as  one  hundred  dollars  shall  accumulate  in  his  hands, 
shall  deposite  the  same  in  such  bank,  or  other  institution,  or  make 
such  other  disposition  of  it  as  the  Board  of  Directors  shall  desig- 
nate, and  shall  give  a bond,  with  such  sureties  as  the  Directors  may 
require,  in  the  penal  sum  of  ten  thousand  dollars,  for  the  faithful 
discharge  of  his  duties  as  such  Treasurer. 


12 


Sec.  6.  The  Directors  shall  appoint  Agents  and  Surveyors, 
whose  duty  it  shall  be  to  make  surveys,  and  receive  applications 
for  insurance.  And  each  such  Agent  and  Surveyor  shall  give  a 
bond,  with  such  surety  as  shall  be  approved  by  the  Directors,  in  the 
sum  of  $600  dollars,  or  such  sum  not  less  than  $600  as  the  Di- 
rectors or  Secretary  shall  require,  and  shall  close  his  accounts  by 
payment  at  the  close  of  each  quarter. 

Sec.  7.  The  Directors  shall  audit  all  accounts,  up  to  the  first  of 
April  in  each  year,  and  report  to  each  annual  meeting  the  proceed- 
ings of  the  previous  year. 

Sec.  8.  It  shall  be  the  duty  of  the  Secretary,  upon  the  applica- 
tion, in  writing,  of  any  three  Directors,  to  call  a special  meeting  of 
the  Board,  at  the  Office  of  the  Secretary,  by  a notice  in  writing  to- 
each  Director. 

Sec.  9.  Buildings  are  divided  into  the  following  classes,  and 
the  amount  of  premium  notes  required  for  their  insurance  will  be 
according  to  the  rates  annexed — to  wit : 

ls£  Class.  Dwelling-houses  of  brick  or  stone,  covered  with  slate 
or  metal,  and  unexposed,  5 per  cent. 

2 d Class.  Like  buildings,  if  exposed,  6 per  cent. 

3 d Class.  Brick  and  wood  houses,  unexposed,  6 per  cent. 

4 th  Class.  Farm  barns,  unexposed,  6 per  cent. 

5 th  Class.  Brick  and  stone  stores,  covered  with  metal,  6 per 
cent. 

6th  Class.  Brick  and  wood  stores,  unexposed,  8 per  cent. 

7th  Class.  Tavern-houses,  unexposed,  10  per  cent. 

Furniture,  goods,  books  and  plate,  produce  and  stock,  will  be  in- 
sured at  the  same  rates  with  the  buildings  in  which  they  are  con- 


tained. 

The  following  trades  and  merchandise  are  deemed  hazardous, 


id  the  rates  of  premium  to  be  charged  upon  their  insurance  will 

5 as  follows — to  wit : 

Tanneries,  - 

from  15  to  30 

per  cent. 

Hatters’  shops, 

15  to  30 

u 

Grist  mills,  without  smut  machines, 

- 12  to  16 

it 

Saw  mills,  - 

Carpenters’  and  joiners’  shops 

15  to  25 

u 

30 

a 

Wheelwrights’  shops, 

Coopers’  shops, 

20  to  30 

it 

- 25  to  30 

it 

Blacksmiths’  shops, 

20  to  40 

It 

Painters’  and  chairmakers’  shops. 

- 25  to  35 

It 

Clothing  and  card  works, 

30  to  35 

%i 

Oil  mills, 

30 

it 

Paper  mills, 

40 

it 

Books  and  stationery,  - 

- 10  to  15 

It 

Drugs,  medicines,  paints,  and  oils 

* 15  to  30 

it 

Printing  offices  and  bookbinderies, 

- 15  to  25 

“ 

13 


Grist  and  flouring  mills  with  smut  machines,  16  to  25  per  cent. 

Bakeries,  15  to  25  “ 

Cabinet  makers,  - 25  to  35  “ 

Meeting  houses,  - - - * - 15  to  25  u 

Colleges  and  seminaries,  - - - 16  to  30  “ 

Such  buildings  ahd  goods  or  trades  as  are  particularly  extra  haz- 
ardous,  may  be  excluded  at  the  discretion  of  the  Directors ; and 
such  classes  as  are  not  named,  may  be  insured  at  such  rates  as  a 
majority  of  the  Directors  may  determine  after  application  is  made. 

If  insurance  be  wanted  on  more  than  one  building  in  the  same 
policy,  the  amount  on  each  must  be  named  ; also,  the  amount  on 
furniture,  goods,  grain,  &c.,  must  be  separately  named.  In  cases 
where  no  permanent  lien  can  be  created,  as  on  household  furniture, 
merchandise,  &(*.,  the  Directors  may  require  an  indemnity  in  lieu 
thereof,  by  an  approved  surety  on  the  premium  note. 

Not  more  than  two-thirds  of  the  estimated  cash  value  of  buildings 
shall  be  insured  by  this  company  exclusive  of  foundation. 

Sec.  10.  Applications  for  insurance  on  such  hazardous  property 
as  is  specified  in  the  foregoing  section,  for  all  sums  of  $500  or  less, 
maybe  approved  by  one  Director;  and  over  $500  to  $1,500,  by 
three  Directors  ; and  all  over  $1,500,  by  five  Directors. 

Sec.  11.  Applications  for  insurance  on  property  other  than  what 
is  referred  to  in  the  last  preceding  section,  for  sums  not  exceeding 
in  any  one  risk  $2,000,  shall  be  approved  by  one  Director;  over 
that  sum  and  not  exceeding  $6,000  in  any  one  risk,  by  three  Direc- 
tors, before  the  Secretary  shall  issue  any  policy  thereon. 

Sec.  12.  Every  person  wishing  to  become  a member  of  this 
Company,  shall,  previous  to  being  insured,  deposit  his  application 
and  premium  note  with  the  Secretary  or  Agent  of  said  Company  ; 
and  if  approved,  the  policy  shall  bear  date  on  that  day,  and  take  ef- 
fect at  noon,  unless  directed  by  the  applicant  to  be  dated  on  a future 
day. 

Five  per  cent,  of  the  premium  note  shall  be  paid  at  the  time  of 
making  application,  and  one  dollar  to  the  Surveyor  for  his  services, 
and  fifty  cents  to  the  Secretary  for  each  policy  by  the  person  receiv- 
ing it. 

Sec.  13.  Whenever  any  member  of  this  Company  shall  alienate 
or  sell  any  house  or  building  insured,  he  may  surrender  his  policy  ta 
the  Secretary,  with  a request  signed  by  him  to  have  the  same  can- 
celed, and  the  Secretary  shall  enter  the  same  of  record,  as  cancel- 
ed, to  take  effect  the  day  the  same  shall  be  received  by  him. 

And  in  case  one  building  only  is  alienated  or  sold,  where  others 
are  contained  in  the  same  Policy,  said  Policy  may  be  surrendered 
as  to  that  building  only,  and  to  take  effect  on  the  day  it  shall  be  re- 
ceived by  the  Secretary.  And  the  amount  of  premium  on  the  said 
building  so  sold,  shall  be  endorsed,  after  thirty  days  from  the  day 
of  surrender,  on  said  member’s  premium  note,  or  such  portion 
2 


14 


thereof  as  shall  not  have  been  paid  or  expended.  Provide d\ 
farther , That  whenever  the  grantee  or  alienee  shall  procure  an  asj 
signment  and  transfer  of  a Policy , when  he  shall  have  purchase^ 
the  whole  property  insured,  and  shall,  within  thirty  days  from  thd 
day  he  purchases  the  same,  forward  the  said  Policy  and  assignment 
to  the  Secretary,  may  have  the  same  confirmed  and  ratified  to  him 
and  when  said  assignment  shall  be  approved  by  a Director  or  the 
Secretary,  the  Secretary  shall  record  the  same,  and  the  confirmation 
thereof,  when  said  grantee  or  alienee  shall  have  given  satisfactory 
security  for  the  payment  of  the  residue  of  the  premium  note  given 
for  said  Policy. 

Whenever  any  member  of  this  Company  who  has  an  insurance  on 
goods  or  other  personal  property  only,  shall,  bona  fide , alienate  or 
sell  out  said  goods  or  other  property,  he  may  have  the  same  privi- 
lege of  surrendering  his  Polity,  and  under  the  same  regulations  as 
if  his  Policy  was  on  buildings,  and  have  the  same  canceled.  And 
when  goods  or  other  personal  property  are  insured  with  buildings, 
and  the  goods  or  any  part  thereof,  are  sold,  said  policy  may  be  can- 
celed as  to  that  part  only,  under  the  same  regulations  as  mentioned 
in  the  preceding  clause. 

Whenever  any  alterations  or  additions,  or  change  of  occupants 
shall  be  made  to  any  buildings  insured,  application  may  be  made  to 
the  agent  in  the  town  or  vicinity,  who  shall  certify  his  opinion 
whether  the  same  increased  the  hazard  or  not,  and  forward  the  same 
and  a statement  of  said  applicant,  by  him  signed,  to  the  Secretary; 
and  when  approved,  shall  be  filed  by  the  Secretary.  Provided  that 
whenever  application  is  made  for  insurance  on  private  dwelling 
houses  which  are  intended  to  be  rented,  the  applicant,  by  stating  in 
his  application  his  intention  to  rent  the  same  as  private  dwellings, 
and  paying  one  per  cent,  inr^dition  to  the  usual  rate  of  premium, 
shall  not  be  required  to  notify  the  company  of  a change  of  occupants. 
But  in  case  the  Agent  shall  judge  that  said  alterations  or  additions 
do  increase  the  risk,  then  he  shall  say  how  much,  and  take  an  ad- 
ditional note  for  such  increased  risk;  and  when  approved,  the  Sec- 
retary shall  enter  a minute  thereof  on  the  record  of  said  Policy,  and 
forward  to  the  insured  a certificate  thereof. 

Whenever  any  one,  hereafter  insured,  shall  alienate  conditionally 
by  mortgage,  his  policy  shall  be  void.  Unless  he  shall  make  a repre- 
sentation thereof  in  writing  to  the  Directors,  stating  the  amount  and 
to  whom  mortgaged,  who  shall  have  power  to  give  their  assent  to 
said  mortgage,  or  to  cancel  said  policy,  as  they  shall  judge  proper, 
on  examination  of  the  same. 

When  buildings  are  mortgaged  at  the  time  they  are  insured,  the 
mortgagee  may  have  the  policy  assigned  to  him,  on  his  signing  the 
premium  note,  or  giving  security  for  the  payment  of  the  same  ; and 
any  Director  or  the  Secretary,  when  application  shall  be  made  to 
him,  shall  be  authorised,  upon  said  applicant’s  signing  said  note  or 


15 


giving  security  as  aforesaid,  to  give  the  assent  of  the  said  Company 
to  said  assignment,  which  assent  and  assignment,  or  a true  certifi- 
cate thereof,  shall  be  forwarded  to  the  Secretary,  who  shall  enter 
the  same  on  the  record  of  said  policy. 

It  is  hereby  provided,  that  in  case  any  building,  goods,  or  other 
property  insured  by  said  Company  shall  be  burned  or  damaged,  the 
Directors  may  demand  an  additional  security  for  the  payment  of  the 
deposite  note  given  for  the  insurance  of  said  property,  by  the  insured 
depositing  writh  the  Treasurer  the  amount  that  shall  remain  unpaid 
on  said  note,  which  deposite  shall  consist  of  a part  of  the  insurance 
money  due  said  insured,  to  be  retained  by  the  Treasurer  until  the 
expiration  of  the  term  of  his  policy,  when  the  insured  shall  have  the 
right  to  demand  and  receive  such  part  of  said  sum  deposited,  as  has 
not  been  expended  in  losses  and  assessments ; and  it  shall  be  the 
duty  of  the  Treasurer  to  pay  the  same  after  thirty  days  from  the 
expiration  of  his  said  policy. 

All  persons  insured  by  this  company,  and  sustaining  loss  or  dam- 
age by  fire,  are  forthwith  to  give  notice  thereof  to  the  Company, 
and  within  thirty  days  after  said  loss,  to  deliver  in  a particular  ac- 
count of  such  loss  or  damage,  signed  with  their  own  hands,  and 
verified  by  their  oath  or  affirmation,  or  the  oath  or  affirmation  of 
others,  and  also,  if  required,  by  their  books  of  account  and  other 
proper  vouchers.  They  shall  also  declare  on  oath,  whether  any  and 
what  other  insurance  has  been  made  on  the  same  property.  If 
there  be  any  fraud  or  false  swearing,  the  claimant  shall  forfeit  all 
claim  by  virtue  of  his  policy. 

Sec.  14.  The  President  shall  be  allowed  six  cents  for  each  pol- 
icy signed  by  him. 

The  Secretary  shall  receive  from  each  applicant  for  the  use  of  the 
company,  upon  each  policy  issued,  fifty  cents. 

The  Directors  shall  be  allowed  one  dollar  and  fifty  cents  for  each 
day  actually  employed  in  the  service  of  the  Company,  and  six  cents 
per  mile  for  each  mile’s  travel. 

The  agents  and  surveyors  shall  be  allowed  one  dollar  for  each 
application  approved  by  the  Directors,  and  for  every  certificate 
made  by  them,  required  by  the  by-laws,  fifty  cents,  to  be  paid  by 
the  insured. 

Sec.  15.  The  five  per  cent,  paid  in  by  the  insured,  which  shall 
be  on  hand  after  defraying  the  incidental  expenses  of  the  Company 
when  any  loss  shall  occur,  shall  be  applied  towards  the  payment  of 
such  loss. 

Sec.  16.  Notice  of  assessments  shall  be  given  by  the  Secretary, 
by  publication  in  one  newspaper  printed  in  each  of  the  counties  of 
Ontario  and  Livingston,  three  weeks  successively,  the  last  publica- 
tion of  which  shall  not  be  less  than  thirty  days  prior  to  the  time 
fixed  for  their  payment ; and  in  such  other  newspapers  as  the  Di- 
rectors may  deem  necessary  or  expedient.  The  Directors  may  also 


16 


cause  such  notice  to  be  published  in  handbills  posted  up  in  such 
places  as  they  may  direct. 

The  Directors  are  authorised,  in  case  of  any  loss  or  damage  by 
fire,  to  borrow  such  sum  or  sums  of  money  as  may  be  required  to 
meet  such  loss  or  damage  ; and  in  making  any  assessment,  the  in- 
terest accruing  on  money  borrowed,  and  all  incidental  expenses, 
shall  be  included  in  such  assessment. 

Sec.  17.  The  Company  will  make  insurance  for  a term  not  less 
than  five  years  ; and  the  amount  of  the  premium  note  or  sum  to  be 
deposited  for  the  insurance  of  any  building,  shall  be  according  to 
the  hazard  of  such  building,  or  the  danger  to  which  it  may  be  expo- 
sed to  loss  or  injury  by  fire ; taking  into  consideration  the  materials 
of  which  ir  is  composed,  the  manner  of  its  construction,  the  purpo- 
ses for  which  it  is  used,  its  situation  as  to  other  buildings,  and  all 
other  circumstances  affecting  its  risk. 

Insurances  shall  not  be  made  on  hazardous  property,  to  a greater 
amount  than  four  thousand  dollars  on  ariy  one  risk ; nor  to  a greater 
amount  than  six  thousand  dollars  on  any  other  property. 

Sec.  13.  Each  deposit  note  shall  be  retained  by  the  Secretary 
thirty  days  after  the  expiration  of  the  term  of  insurance  named  in 
the  policy  for  which  it  was  given,  and  until  the  amount  of  all  losses 
and  expenses  which  may  have  accrued  during  said  term,  shall  have 
been  ascertained  and  paid. 

Sec.  19.  No  Distilleries,  Breweries,  Asheries,  Furnaces,  or 
any  buildings  occupied  by  soap-boilers  or  tallow-chandlers  for  carry- 
ing on  their  trades,  will  be  insured  by  this  company. 

Sec.  20.  There  shall  be  appointed,  at  the  first  meeting  of  the 
Board  of  Directors  after  each  annual  election,  a committee  of  three, 
to  be  called  the  Committee  on  Claims,  whose  duty  it  shall  be  to 
make  investigations  of  all  claims  for  losses,  and  report  the  same  to 
the  Board. 

Sec.  21.  The  Secretary  shall  receive  an  annual  salary,  to  be 
fixed  by  the  Board  of  Directors  at  its  first  meeting  succeeding  each 
annual  election  of  Directors,  which  salary  shall  be  in  full  for  his  ser- 
vices as  Secretary,  including  clerk  hire,  and  shall  not  be  changed 
or  altered  during  the  year  for  which  he  shall  be  appointed. 

Sec.  22.  In  all  cases  of  insurance  of  hazardous  property,  consist- 
ing of  buildings  where  the  sum  insured  shall  exceed  fifteen  hundred 
dollars  it  shall  be  the  duty  of  the  Secretary,  whenever  so  directed 
by  five  Directors,  to  cause  a lien  to  be  created  on  such  buildings 
and  the  land  on  which  they  stand,  by  filing  the  memorandum  au- 
thorised by  the  act  of  incorporation. 

Sec.  23.  Any  building  lighted  by  any  chemical  or  camphene  oil, 
to  be  deemed  extra  hazardous,  and  to  be  rated  three  per  cent,  greater 
than  the  ordinary  rates  of  insurance,  where  the  same  is  not  used. 


AN  ACT 

TO  INCORPORATE  THE  ONTARIO  AND  LIVINGSTON 
MUTUAL  INSURANCE  COMPANY. 

The  People  of  the  State  of  New- York,  represented  in  Senate 
and  Assembly , do  enact  as  follows  : 

Section  1.  Asahel  Warner,  Melancton  W.  Brown,  Hollom 
Hutchinson,  Reynold  Peck,  A.  H.  Fairchild,  Aiiel  Hendee,  Joel 
Pratt,  and  all  other  persons  who  may  hereafter  associate  with  them 
in  the  manner  prescribed,  shall  be  a corporation  by  the  name  of 
" The  Ontario  and  Livingston  Mutual  Insurance  Company,”  for  the 
purpose  of  insuring  their  respective  dwelling-houses,  stores,  shops, 
and  other  buildings,  household  furniture,  merchandise,  and  other 
property,  against  loss  or  damage  by  fire. 

§2.  All  persons  who  shall  hereafter  insure  with  the  said  corpo- 
ration, and  also  their  heirs,  executors,  administrators,  and  their  as- 
signs, continuing  to  be  insured  in  said  corporation  as  is  hereinafter 
provided,  shall  thereby  become  members  thereof  during  the  period 
they  shall  remain  insured  by  said  corporation,  and  no  longer. 

§3.  The  affairs  of  said  company  shall  be  managed  by  a Board  of 
Directors,  consisting  of  thirteen  members,  as  hereinafter  provided. 
All  vacancies  happening  in  said  Board,  may  be  filled  by  the  remain- 
ing directors,  for  the  remainder  of  the  year  for  which  they  were 
elected ; and  a majority  of  the  whole  shall  constitute  a quorum  for 
the  transaction  of  business. 

§4.  Asahel  Warner,  Augustus  A.  Bennett,  Melancton  W.  Brown, 
Henry  Grout,  Lodowick  C.  Fitch,  Joel  Pratt,  Hiland  B.  Hall,  Elias 
De  Wight,  Hollom  Hutchinson,  Charles  Colt,  John  Dickson,  Wil- 
liam T.  Hosmer,  and  Z.  Barton  Stout,  shall  be  the  first  directors  of 
said  corporation,  and  shall  continue  in  office  one  year  after  the  pas- 
sage of  this  act,  and  until  others  shall  be  chosen  in  their  place ; 
which  board  of  directors  shall  hereafter  be  elected  in  each  year,  at 
such  time  and  place  in  the  village  of  West  Bloomfield,  as  the  corpo- 
ration in  their  by-laws  shall  appoint;  of  which  election,  public  no- 
tice shall  be  given  in  at  least  one  of  the  public  newspapers  printed 
in  each  of  the  said  counties  of  Ontario  and  Livingston,  at  least 
thirty  days  immediately  preceding  such  election.  Such  election 
shall  be  holden  under  the  inspection  of  three  members,  not  being 
directors,  to  be  appointed  previous  to  every  election,  by  the  board 
of  directors  ; and  such  election  shall  be  made  by  ballot,  and  by  a 
plurality  of  the  votes  of  the  members  or  their  proxies  then  present, 
allowing  to  each  member  one  vote  for  every  hundred  dollars  insured 
in  the  said  company. 


18 


§5.  The  directors  may  determine  the  rates  of  insurance,  the  sum 
to  be  insured,  and  the  sum  to  be  deposited  for  any  insurance. 

§6.  Every  person  who  shall  become  a member  of  said  corporation 
by  effecting1  insurance  therein,  shall,  before  he  receives  his  policy, 
deposite  his  promissory  note  for  such  a sum  of  money  as  shall  be 
determined  by  the  directors ; a part,  not  exceeding  five  per  cent,  of 
said  note  shall  be  immediately  paid ; and  the  remainder  of  said  de- 
posit note  shall  be  payable,  in  part  or  the  whole,  at  any  time  when 
the  directors  shall  deem  the  same  requisite  for  the  payment  of  losses 
by  fire,  and  such  incidental  expenses  as  shall  be  necessary  for  trans- 
acting the  business  of  said  company  ; and  at  the  expiration  of  the 
term  of  insurance,  the  said  note,  or  such  part  of  the  same  as  shall 
remain  unpaid,  after  deducting  all  losses  and  expenses  occurring 
during  said  term,  shall  be  relinquished  and  given  up  to  the  maker 
thereof.  And  it  shall  be  lawful  for  said  corporation  to  loan  such 
portion  of  their  money  on  hand  as  may  not  be  immediately  wanted 
for  the  purposes  of  said  corporation,  to  be  secured  by  a mortgage  on 
unincumbered  real  estate  of  double  the  value  of  the  sum  loaned. 

§7.  When  any  property,  insured  with  the  said  corporation,  shall 
be  alienated  by  sale  or  otherwise,  the  policy  shall  thereupon  be  void 
and  be  surrendered  to  the  directors  of  said  company,  to  be  cancel- 
ed ; and  upon  such  surrender,  the  assured  shall  be  entitled  to  re- 
ceive his  deposit  notes,  upon  the  payment  of  his  proportion  of  all 
losses  and  expenses  that  have  accrued  prior  to  such  surrender  ; but 
the  grantee  or  alienee,  having  the  policy  assigned  to  him,  may  have 
the  same  ratified  and  confirmed  to  him  for  his  own  proper  use  and 
benefit,  upon  application  to  the  directors,  and  with  their  consent, 
within  thirty  days  next  after  such  alienation,  on  giving  proper  secu- 
rity to  the  satisfaction  of  said  directors,  for  such  portion  of  the  de- 
posit or  premium  note  as  shall  remain  unpaid  ; and  by  such  ratifi- 
cation and  confirmation,  the  party  causing  such  security  to  be  given, 
shall  be  entitled  to  all  the  rights  and  privileges,  and  be  subject  to 
all  the  liabilities,  to  which  the  original  party  to  whom  the  policy 
issued,  was  entitled  and  subjected  under  this  act. 

§8.  Every  member  of  said  company  shall  be  bound  to  pay  for 
losses  and  such  necessary  expenses  as  aforesaid , accruing  in  and  to 
said  company,  in  proportion  to  the  amount  of  his  deposit  note ; and 
all  buildings  insured  by  said  company,  together  with  the  right,  title, 
and  interest  of  the  assured  to  the  lands  on  which  they  stand,  shall 
be  and  are  hereby  pledged  to  said  company ; and  said  company 
shall  have  a lien  thereon  in  the  nature  of  a mortgage,  to  the  amount 
of  his  deposit  note,  which  shall  continue  during  his  policy;  the  lien 
to  take  effect  whenever  the  said  company  shall  file  with,  and  have 
entered  in  the  book  of  mortgages  kept  by  the  clerk  of  the  county 
where  the  property  is  situate,  a memorandum  of  the  name  of  the 
individual  insured,  a description  of  the  property,  the  amount  of  the 
deposit  note,  and  the  term  for  which  said  policy  shall  continue. 


19 


$9.  Suits  at  law  may  be  maintained  by  said  corporation  against 
any  of  its  members,  for  the  collection  of  said  deposit  notes  or  any 
assessment  thereon,  or  for  any  other  Cause  relating  to  the  business 
of  said  corporation ; also  suits  at  law  may  be  prosecuted  and  main- 
tained by  any  member  against  said  corporation,  for  losses  or  dam- 
age by  fire,  if  payment  is  withheld  more  than  three  months  after  the 
company  are  duly  notified  of  such  losses;  and  no  member  of  the 
corporation,  not  being  in  his  individual  capacity  a party  to  such 
suit,  shall  be  incompetent  as  a witness  in  any  such  cause,  on  account 
of  his  being  a member  of  said  company* 

$10.  The  directors  shall,  after  receiving  notice  of  any  loss  or 
damage  by  fire,  sustained  by  any  member,  and  ascertaining  the  same, 
or  after  the  rendition  of  any  judgment  as  aforesaid,  against  said 
company  for  loss  or  damage,  settle  and  determine  the  sums  to  be 
paid  by  the  several  members  thereof,  as  their  respective  proportion 
of  such  loss,  and  publish  the  same  in  such  manner  as  they  shall  see 
fit,  or  as  the  by-laws  shall  have  prescribed  1 and  the  sum  to  be  paid 
by  each  member,  shall  always  be  in  proportion  to  the  original 
amount  of  his  deposit  note  or  notes,  and  shall  be  paid  to  the  treas- 
urer within  thirty  days  next  after  the  publication  of  said  notice. 
And  if  any  member  shall,  for  the  space  of  thirty  days  after  the  pub- 
lication of  said  notice,  neglect  ot  refuse  to  pay  the  sum  assessed 
upon  him  as  his  proportion  of  any  loss  as  aforesaid,  in  such  case  the 
directors  may  sue  for  and  recover  the  whole  amount  of  his  deposit 
note  or  notes,  with  costs  of  suit ; and  the  amount  thus  collected 
shall  remain  in  the  treasury  of  said  company,  subject  to  the  pay- 
ment of  such  losses  and  expenses  as  have  or  may  thereafter  accrue ; 
and  the  balance,  if  any  remain,  shall  be  returned  to  the  party  from 
whom  it  was  collected,  on  demand  after  thirty  days  from  the  expi- 
ration of  the  term  for  which  insurance  Was  made. 

$11.  If  the  whole  amount  of  deposit  notes  should  be  insufficient 
to  pay  the  loss  occasioned  by  any  fire  Or  fires,  in  such  case  the  suf- 
ferers insured  by  said  company,  shall  receive,  towards  making  good 
their  respective  losses,  a proportionate  dividend  of  the  whole  amount 
of  said  notes,  according  to  the  sums  by  them  respectively  insured; 
and  in  addition  thereto,  a sum  to  be  assessed  on  all  the  members  of 
said  company,  on  the  same  principles  as  regulated  the  amounts  of 
their  respective  deposit  notes,  but  not  exceeding  one  dollar  on  every 
hundred  dollars  by  them  respectively  insured  ; and  no  member  shall 
ever  be  required  to  pay  for  any  loss  Occasioned  by  fire  at  any  one 
time,  more  than  one  dollar  on  every  hundred  dollars  insured  in  said 
company,  in  addition  to  the  amount  of  his  deposit  note,  nor  more 
^ than  that  amount  for  any  such  loss  after  his  said  note  shall  have 
been  paid  in  and  expended  ; but  any  member,  upon  payment  of  the 
whole  of  his  deposit  note,  and  surrendering  his  policy  before  any 
subsequent  loss  or  expense  has  occurred,  may  be  discharged  from 
said  company. 


20 


§12.  No  policy  shall  be  issued  by  6aid  company)  until  application 
shall  be  made  for  insurance  for  fifty  thousand  dollars  at  least. 

§13.  The  operations  and  business  of  the  corporation  shall  be  car* 
ried  on  and  conducted  at  such  place  in  the  Village  of  West  Bloom- 
field, as  shall  be  designated  by  a majority  of  the  directors  present 
at  any  regular  meeting. 

§14,  This  act  shall  continue  in  force  twenty  years ; and  the  cor- 
poration shall  be  subject  to  the  provisions  of  the  eighteenth  chapter 
of  the  first  part  of  the  Revised  Statutes,  so  far  as  the  same  are  ap- 
plicable. 

§15.  This  act  shall  take  effect  immediately  after  its  passage. 


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